Statelessness Working Paper Series No. 2017/9
statements about stateless persons in Malaysia.9 Despite this and the country’s reservation to the
right to a nationality under Article 7(1) of the 1989 Convention on the Rights of the Child (CRC) and its
non-ratification of the 1966 International Convention on Civil and Political Rights (ICCPR)—which
houses the similar right under Article 24(2)—the official treatment of the issue has reached a new
milestone early this year.
In April 2017, the Government launched the Malaysian Indian Blueprint, in which statelessness was
officially acknowledged to be on the country’s national policy agenda targeting the affected Indian
population of Tamil descent in West Malaysia.10 In light of the will to improve the socio-economic
status of this group—through educational fulfilment and social inclusion of the community in the
country—the Blueprint manifests the Government’s high priority on resolving statelessness and
documentation issues faced by this population within a five-year timeframe. 11 This significant
development was brought about by outreach programs which facilitated registration and citizenship
application—organised by a Special Implementation Taskforce.12 The Blueprint in turn prompted a
major registration campaign beginning in June 2017, known as Mega MyDaftar. The campaign resulted
in more than 2,000 applications submitted for registration by persons of Indian descent wishing to
resolve their lack of documentary proof of citizenship and legal status.13
For many years, data on stateless persons captured by UNHCR’s statistics have largely concentrated
on the situation/populations in West Malaysia. While populations of stateless Indians of Tamil descent
in several of the states in West Malaysia have been mapped and registered—and are hence in a
favourable position to profit from the said policy roadmap for better inclusivity—baseline figures and
demographic profiles of people ‘at risk’ of statelessness in the East Malaysian state of Sabah continue
to be unavailable to date.14 On this note, Sabah is home to tens of thousands of persons without a
legal identity including an established nationality draws a contrasting demographic picture. As of 2010,
the state hosted 27.7% (889,779) non-citizens compared to 72.3% (2,316,963) Malaysians.15 Sabah
represents an intergenerational case of stateless persons and persons of undetermined nationality,
due to widespread lack of access to birth registration and other forms of valid identity proof, among
other issues.16 Irregularity and lack of documentation reinforce the challenges in understanding and
defining statelessness. Furthermore, lack of recognition and identification of statelessness in the face
9
See for instance Azhar Ramly, ‘All stateless children in Kedah now allowed to enroll in govt school’, New Straits
Times (4 January 2017) <https://www.nst.com.my/news/2017/01/201897/all-stateless-children-kedah-nowallowed-enrol-govt-schools> accessed 5 September 2017
10
See Prime Minister’s Office, ‘Malaysian Indian Blueprint Blueprint’, <http://mib.my> accessed 5 September
2017
11
Prime Minister’s Office, ‘Malaysian Indian Blueprint ’, <http://mib.my>accessed 5 September 2017, pp 25 and
116
12
Ibid. p 119
13
N.A., ‘Claim of 300,000 stateless Indians baseless, says MIC’ (Putrajaya, 23 June 2017)
http://www.thestar.com.my/news/nation/2017/06/23/claim-of-300000-stateless-indians-baseless-says-mic/
accessed 8 September 2017
14
UNHCR, ‘Ending Statelessness in Malaysia’, http://www.unhcr.org/en-my/ending-statelessness-inmalaysia.html accessed 10 November 2017; Institute on Statelessness and Inclusion, The World’s Stateless
CHILDREN, Wolf Legal Publishers 2017, p 65
15
Population and Housing Census of Malaysia (2010); Economic Planning Unit, Malaysia (2011)
16
TENAGANITA, Acting Today for Tomorrow’s Generation, Regional Conference on Stateless/ Undocumented
Children in Sabah, Kota Kinabalu, Malaysia, 2005; Catherine Allerton, ‘Contested statelessness in Sabah,
Malaysia: Irregularity and the Politics of Recognition’ (2017) 15(3) Journal of Immigrant and Refugee Studies
250-268; Rodziana Mohamed Razali, ‘Breaking the Cycle of Childhood Statelessness in Malaysia’, First Global
Forum on Statelessness, The Hague, the Netherlands, 15-17 September 2014; Rodziana Mohamed Razali,
‘Research on ‘At Risk Populations’ Focusing on Protection against Statelessness at Birth for Children in a Mixed
Migratory Context in Sabah, Malaysia’, Workshop for Academics: Researching and Teaching Nationality &
Statelessness, 27 & 28 September 2016, Park Royal, Kuala Lumpur
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